“You, experienced sir, are well aware that Peter, whom we made a proctor, is a native of the estate of our church territory which is called Vitelas. And as our desire is to act towards him with such favour as is compatible with avoiding any injury to the church, we command you by this precept, that you should strictly warn him not to presume, under any pretext or excuse, to have his children joined in wedlock anywhere but on that estate to which they may be bound by law or by condition. In which matter it is quite necessary that you, experienced sir, be very careful, and instil into them a fear to prevent any of them from going on any account beyond the estate to which they are subject by origin. For if any one of them shall presume, as we believe he will not, to go thence, let him be assured that he shall never have our consent either to dwell or to associate himself without the estate on which he was born, but that the land of any such person shall be more heavily charged (superscribi). And know you, that if, by your negligence, any of them shall attempt to do any of those things which we prohibit, you will incur no small danger.”
Many of the restrictions on marriage that are found in subsequent ages, under the feudal system, had their origin in this principle, because indeed the vassal, in feudal times, was but a slave under a more loose dominion in a mitigated form.
The following document shows that, in the west, the separation of married persons was very uncommon, (quam sit inauditum atque crudele, unheard of and cruel.) It is found in lib. iii. indic. iii. ep. xii.
Gregorius, Maximiano Episcopo Syracusano.
De uxore cujusdam ablatâ et alteri venumdatâ.
Tanta nobis subinde mala, quæ aguntur in istâ provinciâ, nunciantur, ut peccatis facientibus, quod avertat omnipotens Deus, celeriter eam perituram credamus. Præsentium namque portitor veniens lacrymabiliter quæstus est, ante plurimos annos ab homine nescio quo de possessione Messanensis ecclesiæ de fontibus se susceptum, et violenter diversis suasionibus puellæ ipsius junctum, ex quâ juvenculos filios jam habere se asseruit, et quam nunc violenter huic disjunctam abstulisse dicitur, atque cuidam alii venumdedisse. Quod si verum est, quam sit inauditum atque crudele malum, tua bone dilectio perspicit. Ideoque admonemus, ut hoc tantum nefas sub ea vivacite, quam te in causis piis habere certissime scimus, requiras atque discutias. Et si ita, ut supradictus portitor insinuavit, esse cognoveris, non solum quod male factum est, ad statum pristinum revocare curabis; sed et vindictam, quæ Deum possit placare, exhibere modis omnibus festinabis. Episcopum vero, qui homines suos talia agentes corrigere negligit atque emendare, vehementer aggredere, proponens, quia si denuo talis ad nos de quoquam qui ad eum pertinet quærela pervenerit, non in eum qui excesserit, sed in ipsum canonice vindicta procedet.
“Gregory to Maximian, Bishop of Syracuse.